Kluwer Copyright Blog

APRIL 2, 2025

Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. It addressed these questions as follows.

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IP Law 360

MARCH 23, 2023

Copyright Office's partial cancellation of artificial intelligence artist Kris Kashtanova's registration for an AI-assisted comic book, the artist has submitted a new application for a different artwork produced by AI tool Stable Diffusion using Kashtanova's own hand-drawn art and other input. Following the U.S.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. In this regard, an important precedent lies in the history of US litigation involving Google Books. Such uses, they argue, constitute copyright infringement.

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TorrentFreak

APRIL 10, 2023

“It’s currently unclear how this art book managed to leak, so far in advance of Zelda: Tears of the Kingdom’s official launch date,” the publication noted at the time. ” One of the direct download links Around 18 hours later, Discord said it had “issued a warning to the server for the reported activity.”

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Dear Rich IP Blog

MAY 12, 2022

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting. As the Seventh Circuit held , “a copyright is not transferred automatically with the transfer of the copyrighted good [thus] when you buy a book, you don’t obtain the right to make and sell copies of it.”

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IIPRD

JANUARY 22, 2025

In this case, the Second Circuit Court of Appeals held that Google digitizing books as a part of its Google Books project constituted fair use. [Image Sources: Shutterstock] Authors Guild v. Google, Inc. 2015) [1] is one of the most cited cases in this context. Goldsmith (2023) [2].

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The IPKat

NOVEMBER 1, 2022

He found 17 entries related to a range of products from books to wine, chocolates, suntan products, clothing, and soft drinks. There were 18 registered copyrighted works related to the Ogopogo, including books, posters, artwork, videos (in some cases, supposedly of the creature itself) and dramatic works.

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IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. Furthermore, the Board accepted Banksy’s 2007 book Wall and Piece as damning evidence that this trademark was registered in bad faith. street artist Banksy.

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Plagiarism Today

OCTOBER 26, 2021

Where copyright protects works of creative authorship, such as books, movies, music, etc., They are part fashion, part artwork, part branding and part character. However, copyright is only half the picture. Trademark and Halloween Costumes. The other major part of the question is trademark. Bottom Line.

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Kluwer Copyright Blog

JUNE 20, 2023

Other than with regard to software, the CJEU rejected the admissibility of digital exhaustion under Article 4(2) InfoSoc Directive by ruling that immaterial copies of e-books made obtainable via download are excluded from the exhaustion doctrine. The preferred form of regulation in the NFT sector is code rather than copyright law.

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The IPKat

MARCH 16, 2023

The work is a “ comic book ”. The USCO then became aware of statements on social media that the applicant had used the AI system Midjourney to create the book and asked the applicant for clarification due to the application being incorrect or, at least, incomplete. The case In September 2022, Ms.

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IPilogue

MARCH 2, 2023

Tattoo artists currently benefit greatly from lax copyright enforcement – popular subject matter for tattoos includes famous artworks, celebrity portraits, and quotes from books and movies. As seen in the Kat Von D case, treating tattoos identically to other artworks can open the door for claims in the opposite direction as well.

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Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. ” UGH. Wal-Mart * CaféPress Denied 230 Motion to Dismiss–Curran v.

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IP and Legal Filings

OCTOBER 20, 2022

They can be a digital depiction of anything, including real estate, hotel bookings, tunes, artwork, and game objects. However, as it is only a distinctive signature that serves as a representation of the underlying artwork, the token itself has no property rights.

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The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book.

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IPilogue

JUNE 30, 2022

It is settled law in India (and Canada) that titles of movies, books, songs etc. Stiftung Gralsbotchaft where protection of a book title as a trademark was refused. It will be interesting to see if the Courts’ stance has changed, given the increasing prevalence of the internet and streaming of content, and sale of artwork etc.

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Copyright Lately

SEPTEMBER 12, 2022

One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. The Bottom Line.

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The TTABlog

MARCH 28, 2023

In re Florentina Iulia Vaida , Serial No. 990029026 (March 24, 2023) [not precedential] (Opinion by Judge Cindy B.

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SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021.

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The IPKat

MARCH 13, 2022

Further to an appeal, in 2017 the Court of Appeal of Milan partly sided with the artist’s estate, but found that the unauthorized reproduction of the artist’s works in the context of the project and the book would not be unlawful. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

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Dear Rich IP Blog

AUGUST 3, 2022

If we consider the four fair use factors , the first factor, the purpose and character of the use, weighs in favor of fair use because your book is for purposes such as criticism, comment, reporting, and teaching, all reasons provided in the notes to the fair use statute. See DeFontbrune v. If you go with the photo.

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The TTABlog

NOVEMBER 30, 2022

for "Collectible trading cards; Sports trading cards," in view of the registered marks KABOOM COMICS & COLLECTIBLES & Design for "Retail store services featuring comic books," and KABOOM! December 13, 2022 - 10 AM (In Person): Hyde Park Storage Suites Daytona, LLC v.

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IP and Legal Filings

FEBRUARY 16, 2025

Types of Works Eligible for Copyright Registration Under the Copyright Act, 1957 , a wide range of works are eligible for registration, including: Literary Works : Books, articles, research papers, computer programs, and more. manuscript, artwork, software code). Musical Works : Compositions, songs, and music scores.

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Dear Rich IP Blog

SEPTEMBER 4, 2020

I'm in the process of publishing a book that will contain lots of images, mostly of artworks by one artist in particular. If I, the British author, am getting images from European suppliers, for my American-published book, do I have to pay for copyright clearance? Because your publisher is distributing the book in the U.S.

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Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. Quentin Tarantino reserved publication rights in his “Pulp Fiction” screenplay, which has been published in book form. The NFT isn’t the image. American Lithographic Co.

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Copyright Lately

SEPTEMBER 26, 2021

As with any good story (especially a story about comic book characters), the narrative has been decidedly over the top: Don’t get me wrong – these are fascinating cases that should yield some interesting legal opinions down the line. Thereafter, writers would add captions and dialogue to the artwork. Why does this matter?

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Dear Rich IP Blog

APRIL 9, 2024

Trick photograph of man with two heads (1901) Dear Rich: I have a new, unique book soon to be published about judging the quality of art. Every image in the book, from ancient to contemporary art, is aesthetically critiqued, often with diagrams. From everything I've researched, all the images in the book should come under fair use.

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IIPRD

MARCH 5, 2025

This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. Previously, the book used to be seen in the name of the program emcee, but now, it is the opposite of that trend in America, where stricter regulations would appear to come into play. Copyright Office.

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Dear Rich IP Blog

OCTOBER 27, 2020

I am planning a vinyl reissue (with expanded artwork) this year, the songs are in the same order and have been remastered, but the artwork will be slightly different. You can find more on these filing regulations in our Music Law book and in the music copyright lectures, we recorded for Lynda/LinkedIn.

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The IPKat

DECEMBER 31, 2023

The Art Newspaper has followed up on the ruling and the commentary, speculating on the potential implications thereof concerning the copyright status of digitized images of public domain artworks. The whole editorial is available here. We recommend checking it on a regular basis, to fill your agenda with worthwhile professional events.

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SpicyIP

JANUARY 13, 2025

1 is entirely distinct and different from that of the petitioner as the respondents mark features a unique combination of colours, lettering style, device elements, artwork, packaging, and overall get-up, which collectively make it inherently distinctive. The mark or device of respondent no.

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Copyright Lately

MAY 6, 2022

You can also tell your book club that you read it even though you really stopped at page 136. The same rule applies to digital artworks sold as NFTs. That is one expensive book. So, if you buy a copy of “Dune,” you can read it. What you can’t do is make your own “Dune” movie.

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The IPKat

JUNE 27, 2021

After providing readers with some background on NFT, Sandra discusses how copyright law can be applied to an NFT artwork, using Banksy’s art as a case study. Never Too Late 319 [week ending June 5]: Commission unveils Article 17 Guidance: 3 highlights | [Guest post] Copyright Gunfight at the O.K.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 16] In my opinion, our law is not yet at a stage where we are equipped to provide such protection to AI generated artwork as, the element of human authorship is still a very important element of this law.

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LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” Kashtanova had written all text in the comic book entirely without the help of any other source or tool, including any generative AI program. the comic character’s dialogue and comic book narration, etc.)

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Kluwer Copyright Blog

JUNE 30, 2021

where it held that the Google Books Library Project, which consists of scanning and making searchable the book collections of major research libraries, did not produce a competing substitute for the books. To strengthen further its finding, the Second Circuit also cited its own 2015 ruling in Authors Guild v. Google, Inc.

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IIPRD

JANUARY 7, 2025

This entails actively searching for their work, including visual components like logos and artwork and textual parts like image tags, in assembled datasets or massive data lakes. Black-Letter Law and Commentary (BNA Books, 2007) 32 [5] Burroughs Wellcome v Barr Labs, Inc., 3d 1223, 1227 (Fed. 362 [10] Lionel Bently et al.,

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